This is an open thread, but I’m struck by this historic decision today in the Supreme Court and hope we’ll discuss it:
Supreme Court Upholds Oregon Assisted Suicide Law
The Supreme Court delivered a rebuff to the Bush administration over physician-assisted suicide today, rejecting a Justice Department effort to bar doctors in Oregon from helping terminally ill patients end their lives under a 1994 state law.
In a 6-3 vote, the court ruled that then-U.S. Attorney General John D. Ashcroft overstepped his authority in 2001 by trying to use a federal drug law to prosecute doctors who prescribed lethal overdoses under the Oregon Death With Dignity Act, the only law in the nation that allows physician-assisted suicide. The measure has been approved twice by Oregon voters and upheld by lower court rulings. …
The three who dissented? “Chief Justice John G. Roberts Jr., dissenting for the first time since he joined the court in September, sided with the two most conservative justices — Antonin Scalia and Clarence Thomas — in voting for the minority view.” Is there any more pressing reason why we must regain Congress in ’06 and ’08, and the presidency in ’08 so we can stop the influx of extremist, anti-privacy views in the court?
Is there any more pressing reason why the democrats should filibuster Alito win or lose?
Is there any more pressing reason why the democrats should filibuster Alito win or lose?
Exactly! If Alito is on this court, this is a 5/4 decision. Way too close. And Bush has three more years to make it 4/5.
Here are the actual opinions for the Oregon case:
Since this is an open thread, I’ll repost this comment from the Cafe, begging your pardons!
I’m just back from a local meeting with Howard Dean who was, as always, wonderful in his Neverending Battle For Truth, Justice, and the American Way.
He’s promoting Democracy Bonds. . .at an average of $20 per month, 1 million people could raise $20 million a month to defeat the Repubs. He says the Repubs would never be able to match that kind of people power.
He talked some about successes they’re having at the state and local levels.
The new buzzword when talking about Republicans seems to be “immoral.” I should have counted how many times he used it.
Our local Dem Congressman on the Missouri side, Emmanuel Cleaver introduced him. Cleaver talked a bit about discouragement, saying. . .”it’s the only thing the Devil can sell to Democrats.” I had a chance to speak alone to Cleaver and I told him how terribly discouraged a lot of long-time activists have been this week, and that the only thing holding some of them onto any kind of hope at all is the work at the local level that Dean promised and is starting to deliver.
Katiebird will probably have more to say. One of her sisters, Julie, was the national event co-ordinator.
I’m all about Democracy Bonds…..is it up and running yet?
Yep. Here’s a link. . .
LINK: Democracy bonds.
No, YOU are. I insist! 🙂
Keep repeating:
Immoral Republican Congress
Corrupt Republican Congress
Exactly. It seemed clear “they” had picked “immoral” as a new frame for the Republicans. Hits the religious side of things, too.
that’s a bad sign. A very bad sign.
Susan, thanks so much for posting this. And you are COMPLETELY on the money with this: this is the reason why we have to fight Alito even if he’s forced on us. Roberts, Scalia & Thomas are a block that we must fight down.
YES yes and yes.
We need do the filibuster and then keep up the fight until 2009.
the GOP and the rightwing were all about “states rights”? They pretended to be for “freedom” and “individual liberty”. Now they’re fighting for unchecked federal/executive power in right-to-die, education, abortion, electoral law, and gods know what all else.
So have they totally reversed their fundamental ideology? Looks that way. But not really. Their former devotion to states rights was all about the “right” to segregate and oppress black people. Simple as that. They’ve given up on overt racial oppression for now, opting instead to wage that battle more subtly through permanent war and economic triage.
What really matters to them now is what always mattered: use government to oppress the most vulnerable, by whatever means. It doesn’t matter which unit of government does the oppressing, as long as the impunity of the ruling class strengthens to medieval levels and beyond.
Their special agent Roberts has shown his true colors. Alito will soon do the same if he is not stopped. One day soon we’re gonna have to face up to the reality that we now live under a military/corporate autocracy. If we don’t wake up, we’ll find ourselves subjects of a permanent fascist revolution.
Remember “getting government off our backs”? Well, it’s off our backs now … and in our bedrooms, our bodies, our phone calls, and even our deathbeads.
I’m nicely surprised that the SC upheld Oregon law and not a bit surprised that Roberts was one of the dissenters. I would say that’s certainly proof that he believes a person has no right or say over what happens to their own bodies/privacy issues…unless of course it’s his/government/fundie groups who believe they do have the right to tell everyone else what to do with their bodies. Big Brother knows better.
From Thomas C’s entry currently on the reco list at kos.
Apparently, Roberts has changed his position since a ruling back in 1997…
Well, he must have been having a half way human and lucid legal moment…now just stamp SOLD to far right on his forehead and call it ‘we’re done for’.
Going once, …twice, SOLD.
I think you are right.
When I heard that it had been decided 6 to 3, I correctly identified the three dissenters – Roberts, Scalia & Thomas. If Alito makes it to the court, it will be 5 to 4. Personally, I think a decision to opt out of pain & suffering in the last weeks of life is humane and should be the law of the land. Just having the option seems to be a comfort to those suffering as not everyone in Oregon who gets a prescription from their doctor uses it. For the rest of us, the options aren’t as kind. When the time comes, I’ll probably shut the cats in a room with food, water, litter boxes, the window open and the door taped up and hie myself to the garage with a full tank of gas and a good book.
I voted “other”…
It should be a private matter between a physician and their patient. The state and federal “legislators and Judiciaries” have no business sticking their nose in people’s private affairs.
Susan,
Thanks for posting this. I concur that ALL our energies must be centered on defeating Alito. Not really surprised by Roberts. Most sociopaths ARE smooth and charming (descriptions used of him by Dems during his confirmation process).
I spent the weekend researching the whole “Unitary Executive” thing. Here are a few things I came up with.
In November 2000, Alito delivered a speech before the Federalist Society convention in Washington, D.C. In this speech Alto declared”
Alito’s added, that in his view, the Framers saw the unitary executive as necessary to balance the huge power of the legislature and the factions that may gain control of it
3. Altio is full of SH#$T!!! Federalist Paper # 47 describes that there are to be three distinct and CO-EQUAL Branches of government – Executive, Legislative and Judicial. Further Article I of the constitution gives congress the most government power, and article II delineates the Presidents power, which is at all times contingent upon approval by Congress.
Further, Federalist Papers 62 and 63 lay out exactly why the Senate is to be a STRONG body and what the expectations and Functions are.
4. In additon to lying us into war, torture, abominable treatment of troops, continuous pathological and serial lying about everything, Bush has also seriously co-opted our Democracy by the use of Executive Orders and Signing statements. Bush has signed signed 298 Executive orders, more than any other President. The next closest was his father, Bush I with 178 and then Reagan with 116. Democratic Presidents, and those before Reagan never exceeded 78. Bush is running the country by FIAT!!
Signing Statements were originally intended to clarify that the President understood legislation as intended and written by congress or to protect accepted Presidential prerogatives. That changed in the 80’s with Alito. Alito was the author of the tactic of Bush trying to spin acts of Congress with “signing statements” in hopes that some future Supreme Court (including now guess who) would give them weight over the will of the people. From President Monroe’s administration (1817-25) through Clinton’s, the total number of signing statements ever issued, by all presidents, rose to a total 322. President Bush issued at least 435 signing statements in his first term alone (2001-2004). In these statements, and in his executive orders, Bush used the term “unitary executive” 95 times.
All other concerns, FISA, woman’s rights, civil liberties, FMLA etc., become moot in light of this FASCIST “Unitary Executive” theory. At a “town hall” meeting with Jack Murtha, on January 5th, congressman Moran lectured (start clip at about 1:35 into it, after Jack Murtha left) that Congress WILL NOT become OUTRAGED, until their constituents let them know how outraged they feel.
Please contact your congressional representatives let them definitely know how very, very dangerous the doctrine of “Unitary Executive” is. And, following up on Gore’s speech Monday, let Congress know, in no uncertain terms that, irregardless of their political party, a YES vote on Alito means:
For Congress people arguing that is a “viewpoint”, let them know that is as ludicrous as trying to refute the fact that water is wet!
I think this “right to die” issue could have the potential of being a “wedge” issue that the Democrats could use. My parents are the most fanatical of right wing fundamentalists. But they have seen my mom’s parents and several of their friends die in a way that they needed this option. My grandmother took an overdose at one point not long before she died. I think this is why the Repugs miscalculated on the Schaivo case – they didn’t know that this issue is a little too close to home for a lot of people. My parents don’t know anyone who needed an abortion (or at least not anyone who would talk about it), but they’ve known several people who needed the right to die. There’s nothing like knowing someone who actually struggles with an issue to change minds.